SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. – €24,000 Fine (Spain, 2022)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. was fined EUR 24,000 for billing a customer without a valid contract. The company mistakenly believed the customer had signed a contract due to an internal error. This case shows that businesses must ensure they have valid agreements before processing customer information.
What happened
SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. billed a customer without having a valid contract in place.
Who was affected
A customer who was incorrectly billed for services they did not agree to.
What the authority found
The authority found that the company lacked a legal basis for processing the customer's data, violating GDPR rules.
Why this matters
This ruling stresses the importance of having proper contracts in place before processing customer data. Companies should verify their consent processes to avoid billing errors and legal issues.
GDPR Articles Cited
The electricity and gas company (controller) billed a data subject illegally, in absence of a valid contract for that. On 14 February 2022, the data subject filed a complaint to the Spanish DPA. The data subject provided several invoices and transaction data from his bank account, which were related to a contract that he had not agreed to. The data subject also showed that he had complained about this issue to the controller several times. On 18 April 2022, the controller acknowledged that there had been an internal error which had resulted in the unjustified contracting. The controller used a two-step system for contract-signings over the phone. The first step was informing data subjects on the phone about the nature of the service provided by the controller. The second step followed after data subjects accepted the conditions on the phone, after which the controller would send a contract to the data subject by SMS for a signature in order to give consent. According to the controller, the data subject had accepted the conditions, but did not sign the contract and did therefore also not consent to the contract. However, due to an internal synchronisation error at the side of the controller, it seemed that the data subject had signed the contract by SMS and had consented to the contract. The DPA determined that the controller had violated Article 6(1) GDPR because of a lack of a legal basis for processing. The DPA determined that this was a fraudulent contract because of a missing signature from the data subject. The processing by the controller was carried out without a legitimate reason. The DPA originally fined the controller €30,000. That amount was reduced to €24,000 due to a voluntary payment by the controller.
Related Enforcement Actions (2)
Other enforcement actions involving SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. in ES
Fine
€24K
Details
Fine Date
3 November 2022
Authority
Agencia Española de Protección de Datos
Fine Amount
€24,000
Enforcement Tracker ID
ETid-1561
GDPRhub ID
gdprhub-5583About this data
Cite as: Cookie Fines. SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. - Spain (2022). Retrieved from cookiefines.eu
Last updated: